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Circular No. 113-Hđbt: Detailed Rules And Instructions For The Enforcement Of The People's Council Election Law

Original Language Title: Thông tư 113-HĐBT: Quy định chi tiết và hướng dẫn việc thi hành Luật bầu cử Hội đồng Nhân dân

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CIRCULAR of the COUNCIL of MINISTERS NO. 113, DATED 5-9-1989, DETAILING and GUIDING the IMPLEMENTATION of the ELECTION LAW, DEPUTIES to the PEOPLE'S COUNCILS on 30 June 1989, the National Assembly of the Socialist Republic of Vietnam tags VIII, session V passed election law, deputies to the people's Council. The State Council decided on November 19, 1989 in the country to conduct the election of the Council of provincial, city, municipal district, the County, district, town and base.
To proceed to the election of delegates to the upcoming people's Council ensuring democracy, rules and achieving results, the Council of Ministers detailing and guiding the implementation of the law are as follows: 1. On the right to vote and the nomination made under article 2 and article 26 of the law. Tell some of the following points: a) The computer age and election candidate, from the date of election (19-11-1989) and earlier, citizens would be 18 years have the right to vote and the right age of candidacy. Each age is 12 months.
b) identifying those who are disenfranchised and voting rights may not be used to comply with the provisions of resolution No. 498-NQ/HĐNN 7 June 29-2-1984 of the State Council.
c) the slowest is 30 days, before the election, the authorities responsible for establishing the list of voters say in article 22 of the Act must be listed on the electoral list in the voting area; must use the appropriate information in the form to notify all voters know who had the right to vote and those who do not have the right to vote in this election.
The resolution of the complaint back to the voting rights according to article 24 of the law on execution.
2. About the standard of the people's Council. The electoral law clearly the common characteristics. In need of advocacy explained to each of the people clearly understand the true understanding of the standard's observation holds true for local. The key thing is to choose to elect the representatives who have levels, have the capacity to work and work well, really act in the interest of the people of the country, have good morals; not because the required structure which lowered the capacity requirements, level.
Need instructions to people clearly need to choose who qualifies, and importance to the structure of the composition of deputies in the people's Council, to the Council reflects the will, aspirations and abilities of the people in each locality.
3. The organizations in charge of elections.
Article 16 regulates the Electoral Council was set up in the province, district, commune and equivalent.
Each electoral unit established a Board of elections.
Each voting area establishing election. in the electoral and voting areas, the Electoral Board which doubled its election mission.
in the people's Council election where 2 level over the same day, if the electoral unit of the people's Council is the District Council elections and District Councils to cum all the duties of the Board of the people's Council elections, if the electoral district is town councils, the election Board's duties do Township elections Board the people of the district.
The people's Committee has the responsibility to actively exchange with national committees of the same level and the front's member organizations on the establishment of the Council elections, Election Committee, the election to choose the delegates full capacity and the level of representation to organizations that participated. The people's Committee is directly responsible to the Council about the direction the election, have a responsibility to consider carefully about composition and staffing of the Electoral Council and the Board of elections.
The Electoral Council is elected President, Vice President and Secretary; Election Committee elected head, Deputy head and Secretary; The nest, the vote and the Deputy Chief Secretary, according to the method agreed to discuss it. If not agreed, then the vote or vote.
The number of members of the Board of elections, the Board of elections, the people's committees at the table with the Fatherland Front Committee of the same level to specific decisions, based on the number of constituencies in each level and the number of the voting area.
-If there are 8 electoral units then sent 11 people, from 9 to 12 constituencies, the election of 15 people; There are from 13 and over, from 17 to 21 people on the Electoral Council.
-If there are two constituencies voting area then sent five people, there are from 3 to 4 regions voted in the election of 7 to 9 people, from 6 to 10 the election voting area from 11 to 13, from 11 regional voting over, sent 15 people to the Election Committee.
The time limit for establishment of the institutions in charge of elections conducted under the article 17, 18, 19 of the Act. Then, to organize training and upgrading for the officers to do the work of the electoral law and the election experience in the previous election, making each person to master the task of statutory powers, plan to hold elections and once stitched, each specific job in the elections this time.
4. The number of deputies to the people's Council, and the electoral vote.
a) the number of deputies to the people's Councils at each level was defined in article 9 of the Act, the need to correct executive level.
Based on the new population is determined through the 1989 census to count the number of delegates elected for each level.
b) as defined in article 10 of the Electoral Law, each of the electoral divisions of the people's Assembly deputies be elected no more than 3 delegates based on local population structure according to hamlet, Hamlet, a hamlet, if the election is people's councils and equivalent; According to the town or commune Council election is if the people of the district and equivalent; According to the district or the District Board election is if the people of the province and is equivalent to the electoral units for each level.
Need based on population structure and topography in each electoral unit that defines the area voted to ensure convenience for voters to vote. When divided into constituencies, not to tear travelers the constitute natural populations in local.
The number of constituencies, the list of units and the number of delegates per unit made by article 11 of the law.
After finishing the election unit and a fixed number of deputies to be elected in each constituency, the people's Committee to report the list of electoral divisions up people's Committee approved the direct superior, the list of the electoral divisions of provincial people's councils and equivalent approved by the Council of Ministers.
5. The roster;
According to the provisions in chapter V of the Act, the Fatherland Front Committee level are responsible for organizing the consultative meeting to introduce the candidate and to agree on the list of candidates. The Consultative Conference contents, participants to the Conference, how the conduct of the Conference and the Organization to contact candidates to voters by the Central Committee of the Vietnam Fatherland Front specific instructions.
The people's Committee has the responsibility to discuss with national committees in the local component, the content, the manner of conducting the Conference really warrants consultative democracy, avoiding imposition.
6. About the election process and the election results.
Make provisions in chapter VI, Chapter VII of the Act, to note a few points:

a) explain to the voters understand voting is the basic political rights of every citizen. Each person needs high sense of responsibility, are directly holding the vote on behalf of his people to join the people's Council is not thanks to the people who elected and also not get elected instead of the others. Every citizen should learn techniques for each of the candidates, especially on the capacity, the level of socio-economic problems of the locality; must weigh carefully to choose the most deserving people elected, and to be cautious when elections, not to their ballot become invalid votes.
b) held the secret rooms in the area of voting to the voter written votes; the other voters and the election of the employee are not in written votes affect the written votes of voters.
Under the provisions of the Act, when the time of election, the election offers voters two candidates who is not present at that witnessed the opening of the Ark and proceed immediately to the vote, not to leave the next day.
c) according to the provisions of the Electoral Law this time, when election results are announced the full number of people elected and the number of votes cast for each candidate.
The percentage of votes for each candidate to count election results or not is the number of valid votes were cast for the candidates in comparison with the total votes valid in that electoral district.
After the ballot, in the electoral district not exceeding half of the voters list to vote and serious violation of the Electoral Law that the State Council has decided to cancel the election results, the Organization must then vote again.
in the constituency if elected people not 2/3 of Deputies has rules, they must organize elected representation is missing.
7. About the Organization directing the election on November 19, 1989.
The State Council decided to vote on the three-tier councils on November 19, 1989.
The people's Committee is the body responsible for organizing and directing the work of elections at all levels need: a) the master and the new requirements in the election this time is truly promoting the people's mastery, choose who deserves to do people's Council really, who has the power to complete the mission, delegates represent the local classes.
b) respect the rights of the people in democratic elections, the nomination, do a good job of propaganda, explain to each citizen to master the rules of law and the election of the guides text, have self-discipline and have full understanding to implement the rights and obligations of citizens in elections.
c) highly promote the role and responsibility of the Vietnam Fatherland Front and the unions, the voters ' collective in the implementation and supervise the elections, secured for election day are safe in all aspects, to create the air of excited the masses on election at the same time people's committees and the State authorities have the task of organizing and directing the election must do its responsibility, each tightly steering stitched in the elections, not to those errors occur.
d) ensure necessary service requirements for the elections, but are downright save, avoid the job cause wasting.
The Council of Ministers requested the people's committees focus on levels, the electoral law and the observance of the provisions of this circular.
The Organizing Committee of the Government shall assist the Council of Ministers instructions on Electoral Affairs profession, synthetic track the situation and reporting election results to the President of the Council of Ministers.
T.m. Council of Minister K.T. President Vice President Nguyen Khanh